Krishna Singh @ Krishna Bahadur Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13528 of 2026 Arising Out of PS. Case No.-58 Year-2025 Thana- AGION (GARHANI) District- Bhojpur ====================================================== Krishna Singh @ Krishna Bahadur Singh Son of Shankar Dayal Singh Resident of village -Laharpa PS -Agiaon (Garahani) Dist -Bhojpur At Present Resident of Village- katras Road, Sanjay Nagar Matkuriya Ps- Katras, DistDhanbad, Jharkhand ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Senior Advocate Mr. Makardhwaj Upadhyay, Advocate For the State :
Mrs. Renu Kumari, APP For the Informant :
Mr. Khalid Faizan Khurshid, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-04-2026 Heard learned senior counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner is apprehending arrest in connection with Agiaon (G) P.S. Case No. 58 of 2025, dated 21.04.2025, lodged under Section 191(2), 191(3), 190, 103(1), 109(1) & 61(2) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023") and under Section 27 of the Arms Act.
3. As per the prosecution, FIR has been lodged against eight named and four unknown accused persons, excluding the present petitioner, alleging that when the
2/4 informant's son was returning to his village with his friends at about 9:00 PM, the named accused persons, along with 45 unknown accused persons, duly armed with rifles and pistols, surrounded the vehicle of the informant's son and started indiscriminate firing, due to which the informant's son and his friends, who were sitting in the Thar vehicle, became injured and subsequently died.
4. Learned senior counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that from the contents of the FIR, it becomes crystal clear that the petitioner is not named in the FIR, rather, the names of other accused persons have been categorically mentioned, and there is an allegation of indiscriminate firing therein.
5. Counsel further submits that the name of the petitioner has subsequently appeared in the case diary. Counsel further submits that the petitioner is aged about 61 years, is a man of reputation, and that his name has been inserted in this case as part of a conspiracy. Counsel also submits that the petitioner is ready to fulfil all the conditions whatsoever that may be imposed.
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6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that the deceased were coming in a Thar vehicle, and on the issue of removing the vehicle, firing was started on the Thar vehicle, during which three persons died. Counsel further submits that in paragraph no. 95 of the case diary, it has been stated that the accused persons made indiscriminate firing, due to which the death of the informant's son and others was caused.
7. Counsel further submits that at this juncture, the petitioner should not be granted bail and his bail application be rejected.
8. Learned APP for the State opposes the prayer for bail of the petitioner and submits that whatever statements have been made by the counsel for the informant are correct. Counsel further submits that in paragraph no. 94 of the case diary, the cause of the dispute has also come in the case diary, which indicates that in the year 2021, during the Panchayat elections, there was a serious dispute between the parties, in which, at the alleged conspiracy of one Bablu Singh, three persons were killed on 20.04.2025,
4/4 and the present occurrence is stated to have taken place due to political rivalry and revenge.
9. In the present facts and circumstances of the case, as well as considering the age of the petitioner, his criminal antecedent, and also considering that there is no direct allegation against him in the FIR as well as in the case diary, let the above-named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of A.C.J.M. VIII, Bhojpur at Ara, in connection with Agiaon (G) P.S. Case No. 58 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.) Aman Kumar/- U